The Food Protection (Emergency Prohibitions) Amendment No.2 Order 1987

Order made by the Secretary of State, laid before Parliament under section 1(8) of the Food and Environment Protection Act 1985, for approval by resolution of each House of Parliament within twenty-eight days beginning with the date on which the Order was made, subject to extension for periods of dissolution, prorogation or adjournment for more than four days.

Statutory Instruments

1987 No. 1696

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) Amendment No.2 Order 1987

Made

25th September 1987

Laid before Parliament

28th September 1987

Coming into force

28th September 1987

Whereas the Secretary of State is of the opinion, as mentioned in section 1(1)(a) of the Food and Environment Protection Act 1985(1), that there has been or may have been an escape of substances of such descriptions and in such quantities and such circumstances as are likely to create a hazard to human health through human consumption of food;

And whereas he is of the opinion, as mentioned in section 1(1)(b) of the said Act, that in consequence of the said escape of substances, food which is, or may be in the future, in the areas described in the Schedule to the principal Order or which is, or may be in the future, derived from anything in those areas, is, or may be, or may become, unsuitable for human consumption;

Now, therefore, in exercise of the powers conferred on him by sections 1(1) and (2) and 24(1) and (3) of the said Act(2), and of all other powers enabling him in that behalf, he hereby makes the following Order:

Title, commencement and interpretation

1.—(1) This Order may be cited as the Food Protection (Emergency Prohibitions) Amendment No.2 Order 1987 and shall come into force on 28th September 1987.

(2) In this Order “the principal Order” means the Food Protection (Emergency Prohibitions) Order 1987(3).

Designated incident

2.  In the opinion of the Secretary of State, food in the areas described in the Schedule to the principal Order, or which is derived from anything in those areas, is or may be unsuitable for human consumption in consequence of the following escape of substances:—

the escape on or after 26th April 1986 of radioactive substances from a nuclear reactor situated at Chernobyl in the Ukraine, USSR.

Amendment of the principal Order

3.—(1) In article 4 of the principal Order for paragraph (2) there shall be substituted the following paragraph:—

“(2) Paragraph (1) above shall not apply in the case of—

(a) any sheep which was moved from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; or

(b) any sheep which—

(i) was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark or with a blue mark, and

(ii) has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.”.

(2) In article 5 of the principal Order for paragraph (2) there shall be substituted the following paragraph:—

“(2) Paragraph (1) above shall not apply in the case of any sheep which was movedfrom any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark or with a green mark or with a blue mark.”.

(3) In article 6 of the principal Order for paragraph (2) there shall be substituted the following paragraph:—

“(2) Paragraph (1) above shall not apply in the case of—

(a) any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; or

(b) any sheep which—

(i) was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark or with a blue mark, and

(ii) has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.”.

D.J. Essery

Under Secretary, Scottish Office

New St Andrew’s House,

Edinburgh

25th September 1987

Explanatory Note

(This note is not part of the Order)

The Food Protection (Emergency Prohibitions) Order 1987 ( “the principal Order”) contains emergency prohibitions restricting various activities in order to prevent human consumption of food which has been or which may have been rendered unsuitable for that purpose in consequence of the escape of radioactive substances from a nuclear reactor situated at Chernobyl in the Ukraine, USSR.

The Food Protection (Emergency Prohibitions) Amendment Order 1987 made certain exceptions to the following prohibitions imposed by articles 4, 5 and 6 of the principal Order:—

(a) the prohibition on slaughter of sheep in any of the designated areas;

(b) the prohibition on movement of sheep;

(c) the prohibition applying throughout the United Kingdom on the slaughter of, and the supply of meat derived from, any sheep which has been in the designated areas.

This Order revises these exceptions as follows:—

(a) to except from the said prohibitions on slaughter, and from the said prohibition on the supply of meat, any sheep which has been marked (in accordance with a condition attached to a consent given under section 2(1) of the Food and Environment Protection Act 1985) with an apricot paint mark without the necessity of such sheep having been examined and marked with an ear-tag by a person authorised by the Minister of Agriculture, Fisheries and Food or the Secretary of State for Scotland or Wales (article 3(1) and (3));

(b) to except from the said prohibition on movement any sheep which has been so marked with a blue paint mark (article 3(2));

(c) to except from the said prohibitions on slaughter, and from the said prohibition on the supply of meat, any sheep which has been so marked with a blue paint mark where any such sheep has been examined and marked with an ear-tag by a person authorised by the Minister of Agriculture, Fisheries and Food or the Secretary of State for Scotland or Wales (article 3(1) and (3)).

The exceptions from the said prohibition on movement of any sheep which has been so marked with an apricot or with a green paint mark, remain unchanged.

The exceptions from the said prohibitions on slaughter of sheep, and from the said prohibition on the supply of meat, where any such sheep has been so marked with a green paint mark, and where any such sheep has been examined and marked by an ear-tag by a person authorised by the Minister of Agriculture, Fisheries and Food or the Secretary of State for Scotland or Wales, also remain unchanged.

(1)

1985 c. 48.

(2)

Section 24(1) contains a definition of “the Ministers” relevant to the exercise of the statutory powers under which this Order is made.

(3)

S.I. 1987/1165, amended by S.I. 1987/1567.